(a) Upon the filing of an emergency rule or filing of an
amendment to an emergency rule by the secretary of state under the
provisions of section fifteen of this article, the attorney general
shall review such rule or such amendment and, within forty-two days
of such filing, shall issue a decision as to whether or not such
emergency rule or such amendment to an emergency rule should be
disapproved.

(b) The attorney general shall disapprove an emergency rule or
an amendment to an emergency rule if he determines:

(1) That the emergency rule or an amendment to the emergency
rule exceeds the scope of the law authorizing or directing the
promulgation thereof; or

(2) That an emergency does not exist justifying the
promulgation of the emergency rule or the filing of an amendment to
the emergency rule; or

(3) That the emergency rule or an amendment to the emergency
rule was not promulgated in compliance with the provisions of
section fifteen of this article.

(c) If the attorney general determines, based upon the
contents of the rule or the supporting information filed by the
secretary of state, that the emergency rule should be disapproved,
he may disapprove such rule without further investigation, notice
or hearing. If, however, the attorney general concludes that the
information submitted by the secretary of state is insufficient to allow a proper determination to be made as to whether the emergency
rule should be disapproved, he may make further investigation,
including, but not limited to, requiring the secretary of state or
other interested parties to submit additional information or
comment or fixing a date, time and place for the taking of evidence
on the issues involved in making a determination under the
provisions of this section.

(d) If the attorney general determines, based upon the
contents of the amendment to an emergency rule or the supporting
information filed by the agency, that the amendment to the
emergency rule should be disapproved, he may disapprove such
amendment without further investigation, notice or hearing. If,
however, the attorney general concludes that the information
submitted by the agency is insufficient to allow a proper
determination to be made as to whether the amendment should be
disapproved, he may make further investigation, including, but not
limited to, requiring the agency or other interested parties to
submit additional information or comment or fixing a date, time and
place for the taking of evidence on the issues involved in making
a determination under the provisions of this section.

(e) The determination of the attorney general shall be
reviewable by the supreme court of appeals under its original
jurisdiction, based upon a petition for a writ of mandamus,
prohibition or certiorari, as appropriate. Such proceeding may be
instituted by:

(1) The secretary of state;

(2) A member of the Legislature; or

(3) Any person whose personal property interests will be
significantly affected by the approval or disapproval of the
emergency rule by the attorney general.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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